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Home My WebLink About2.0 Staff Report 12.09.1991• 1 BOCC 12/9/91 PROJECT INFORMATION AND STAFF COMMENTS R EQUEST: An exemption from the definition of subdivision. PPLICANT: Levy Burris Jr. 1 SQCATION: A tract of land located in the NE1/4 NW'/a, Section 17, T6S, R92W of the 6th P.M.; located on C.R. 346 southeast of Rifle. SITE DATA: The site consists of 381 acres. CER: Proposed well. SEWER: Proposed I.S.D.S. ACCESS: Existing driveway. EXISTING AND ADJACENT ZONING: A/I and A/R/RD I RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District D - Rural Areas with Moderate Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts Map. 11. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is divided by C.R. 346. The bulk of the property is located south of the County road and consists of undeveloped grazing lands. The northern portion of the property is currently pasture and hayfields situated between C.R. 346 and 1-70. There are no improvements on the property to date (see enclosed assessor's map and site plan). B. Project Description: The applicant is requesting an exemption to allow the splitting of a 27± acre parcel from the 381 acre parcel. The purpose of this request is to create a legal, buildable parcel on the smaller lot and construct a single family residence. C. Background: In 1989, Mobil Oil sold a 27 acre portion of the 381 acre tract to Marvelle and Kelly Couey. This sale was made without the benefit of a subdivision exemption or subdivision approval. Unbeknownst to the Couey's, the subject property was not legally created and would not qualify for building permits. The Coueys then sold the property to the Burris' earlier this year. The • Burris' became aware of problems when they submitted a well permit application to the Division of Water Resources and were denied due to lack of exemption approval. This action stimulated the submittal of an exemption application (see applicant's letter). 111. MAJOR ISSUES AND CONCERNS 1. Although this application directly affects property owned by Mobil Oil, Mobil has chosen not to participate in the application. The applicant feels that Mobil has given de facto consent to the application by first: selling the property, second: by denying to participate in the application and thirdly: by being noticed of the public meeting. Staff feels that the applicant has provided adequate demonstration of consent from Mobil Oil to proceed with the exemption request. In addition, granting the exemption will not reduce the development rights of Mobil's property. This property could potentially split into four (4) parcels through the exemption process. The Burris' exemption would not necessarily constitute a fourth parcel by virtue of the discretionary waiver clause which allows the Board to disregard the four lot limitation when a parcel is split by a County road. 2. The applicant is proposing to provide drinking water from a well. The Division of Water Resources has indicated that they will approve a well permit if the exemption request is approved. Irrigation water is provided to the property through the Rising Sun Ditch. 3. The applicant is proposing to utilize an I.S.D.S. to serve the proposed residence. Due to the potential for shallow groundwater, an elevated disposal system (Wisconsin Mound or E.T.) may be necessary. 4. A portion of the property is located in the 100 year floodplain of the Colorado River. The proposed building site is located outside of the regulated floodplain (see enclosed floodplain maps). 5. The applicant would like permission to obtain a "foundation only" prior to the approval of plat and resolution. This would allow the applicant to commence construction of his residence prior to obtaining the well permit. Typically, a Building Permit would not be issued until the Resolution and Plat have been reviewed, approved and recorded. 1V. SUGGESTED FINDINGS 1. The proposal is in general compliance with the Garfield County Comprehensive Plan and the Garfield County Zoning Regulations. 2. The proposed land use would be consistent and compatible with the existing surrounding land uses. 3. If the noted access concerns can be adequately addressed, the proposal is in best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. • V. RECOMMENDATION APPROVAL, subject to the following conditions: 1. All representations of the applicant shall be considered conditions of approval unless otherwise stated by the applicant. 2. The applicant shall have 120 days to complete the required conditions of approval. Extensions of 120 days may be granted by the Board for a period of up to one (1) year. 3. The applicant shall submit $200 in School Impact Fees. 4. The approximate location of the 100 year floodplain shall be depicted on the exemption plat. 5. The following note shall be included on the exemption plat: A. Wildfire prevention guidelines of the U.S.F.S. and Colorado State Forester shall be incorporated in home construction and site planning and design. 0 Zit ammobtream0440........4.;.. -- • .1.04.40 x 537, 378.8 .0".• 1110. .... 111 , 1 • 0 t .!.. e ;i1 7,‘ ., ;am; 41111.. .4;1 7 ..,,.`' 44;60 • • i4i..b 16,111101110114%04. .4,104.. ::1., w". 't ; .. • 11 V.--' - . -,,igiojit - t i•ed 4 4, *4. ., , , 44-... l', . , 4. I .,) • .., , , , .,,,, i / , 'parr .411. 1 .....t.S. A ;; 11,1 '.:)5. ‘..4...•• pellirit.!....40; '''' '•'' --- 01/ 4, i 0 OP ' 1' ''' • .st'l .1 / ' '''' • ' , i A •, ,Vom- ,114:01,0 ,!. ,,,.. . , m• . . .. , . , ,4,,ep • . Lao. ivir• .1.40joertlimillti011ts-r i • • • _.........--• ___. — ----- ......-- .. -------------"T _ .,---- ......- 0 . ..-----• -- 44*----------- 5 ?E? 1 sl )4. . • • - • . 41111111111111111111111: • • • ---- • • • J. - - • - • House • 0 EL '56 -1711C-- rii+JK L -E Fi 474 N 626,131 r 1 Ql nno The exemption of this piece of property is requested in order to comply with County regulations, and obtain a building permit to construct a single family dwelling on the property. We obtained deed to this property in Oct.1991, from Marvelle and Kelly Couey. They purchased the property from Mobil Oil in Oct, 1989. At that time, this parcel (2179-172- 00-479) of property was included in a piece of propproperty that wan 381.17 acres, (parcel it 2179-174-00-153). portion situated between County road 346 and 1-70 was sold. This amounted to 27.45 acres, and was recognized by the asnensors office of Garfield County, taxes have been paid on this property for the last two years. Upon going thru the legal process, I discovered that when Mobil Oil transferred title, they did not go thru the •exemption process. I have contacted Tom Allen of Mobil Oil regarding this, and got only a disinterested give itatoslne in writing type response. In order to expedite this, owner at this time am making the exemption request. If you will please review the attached documentation, it will confirm what I have explained. Please give this your utmost attention and allow this property to be legally created parcel and exempted from the definition of a subdivision by Garfield County pursuant to C.R.S. 30-28-101. Respectfully, levy E. Burris Jr. c) cuivi: BY: xxx TITLE: lir. t-ard._ --., Y -i a;i 3 x 5 y t -•,!C Camp. '_...c'.Ir r U.I 1 trill 'tit I I 11 xxx BY: xxx TITLE: BY: xxx TITLE: ��\\ _.1 \ I 4clioining 217 21/7242441 2c4 2111 134 00.2o5 14. 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An I.S.D.S. sharing agreement shall be prepared, approved by staff recorded and referenced on the exemption plat. 5. The applicants shall submit $400 in School Impact Fees. 6. The applicants shall consider wildfire prevention guidelines from the State Forester and the U.S.F.S. in the construction of the home. 7. An easement for the waterline extending to each residence and the well exemption plat. A well sharing agreement shall be prepared, approved by staff recorded, and referenced on the exemption plat. 8. The 100 year floodplain shall be depicted on the exemption plat. 9. The following notes shall be included on the exemption plat: a) These lots are serviced by a shared well and are subject to a well sharing agreement. b) Lots — and _ are serviced by a conmion wastewater system and are subject to an I.S.D.S. sharing agreement. c) Wildfire prevention guidelines of the U.S.F.S. and Colorado State Forester shall be incorporated in home construction and site planning and design.